Update: Troopers reject request for records of Breslin stop

Update: (Tuesday, Jan. 11) State Police now say the only record they have is the result of an internal inquiry stemming from the media attention around the stop, which why it is being withheld under state Civil Rights law. Readthe whole story here.

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We’re reporting over ontimesunion.com that the Division of State Police has rejected the Times Union’s request for records related to state Sen. Neil Breslin’s traffic stop two weeks before Election Day.

In a Jan. 7 letter, State Police Records Access Officer Capt. Laurie Wagner acknowledges that troopers do have one record related to the stop but did not say what it was or why it was being withheld under Section 50-a of state Civil Rights Law, which shields the personnel records of police officers.

On Oct. 22, the morning after news of Breslin’s Oct. 19 encounter with a trooper became widely known, the Times Union submitted a Freedom of Information Law request seeking any records — including audio dispatch recordings, electronic dispatch records or in-car camera footage — stemming from the stop, which Breslin said ended with a trooper allowing him to drive himself home without a citation.

Citing a policy not to comment on traffic stops that do not result in citations or arrests, troopers have never disclosed details of the encounter or even confirmed that they stopped the senator, an eight-term Democrat from Bethlehem.

Breslin, for the record, has acknowledged drinking that evening and submitting to field-sobriety tests but maintained he did nothing wrong, as evidenced by the trooper’s decision to let him drive himself home.

In the final days of the campaign, Breslin’s Republican opponent, Bob Domenici, raised questions about how the matter was handled and called on Breslin — who was not ticketed or charged — and State Police to disclose what they know about what actually happened.

Breslin, 68, easily won re-election and is now in his eighth term representing Albany County in the 46th Senate District.

Incidentally, my colleague Jimmy Vielkindis reporting over on Capitol Confidentialthat Breslin is on tap to become the Democrats’ deputy majority minority leader. He previously served as an assistant majority leader.

Jordan Carleo-Evangelist

15 Responses

I’m sure the governor’s newly appointed superintendent will lift the veil of secrecy, in keeping with Andrew’s pledge of “transparency” and “openness”. At the same time that happens I will keep an eye out for elephants lifting off the runway at Albany International…

This thing stunk since the beginning, when Neil locked himself in his office and refused to answer questions, when the Senate Demos spokesman made a statement that totally contradicted what Breslin later said (claiming at the same time he doesn’t read stories about himself; we already know he doesn’t read the bills he sponsors or votes on). If there’s nothing to hide and if nothing illegal, unethical or even questionable went on, why not come clean? And what possibly related to a trooper’s personnel records could be connected to what was supposedly a routine traffic stop?

I think Neil could probably ask for the records to be released. Seems the troopers could also remove the name and any identifying information from any such records. That is, if there was nothing to hide.

Jordan,
My legislative expert, Judd Krasher, rightly points out that Senator Breslin’s new post would be Deputy Minority Leader; not Deputy Majority Leader (your last paragraph) With regret, the Republicans now control the NYS Senate. That makes the Dems the minority.

From JCE: Holy crumb, you’re right, John. Thanks for the heads-up. I’ll make the correction.

Say it with me folks…COVER UP. How in the world can the NYS Police hide behind “personnel” records on this one? Did a trooper act inappropriately? Was a complaint filed against the trooper during the stop?

How could a routine traffic stop turn into a personnel matter? One way is if the officer objected to demands by his superiors to let the Senator go free. Yeah, that would do it. It then becomes instant insuborination, a personnel matter.
You or I would already be behind bars in this same situation, but the Senator can’t go to jail. He has to get back to passing the laws that put the rest of us in jail. It must be so easy to write and pass such laws, knowing that you never have to be subject to them. I think I’m starting to understand this so much better now. Don’t underestimate the power of the Breslins. This issue is over, and so will this blog be very soon.

As someone who has been to events with Senator Breslin, I can say that yes he will have a drink or two through out the course of the evening. But I have never seen him intoxicated or drink heavily enough that I would think he needed to take a cab home. Its my understanding that the state dems spoke on his behalf without getting the skinny from Breslin and that Breslin then corrected the release by admitting that he had in fact consumed alcohol. Not to mention the fact that this is OVER. The fat lady sung. Breslin has been re-elected. Lets talk about something with substance like I dunno the 2009-2010 insurance committee report that got released this week.

Repeal Section 50-a that provides a protection loophole for such shenaningans! Why should personnel facts and figures of the state police be shielded from the public anyway? Aren’t WE ultimately their employers? My boss has unlimited access to my personnel file. Transparency for all public employees! Go work in the private sector if you want privacy and leave the comforting nest of CSEA and PEF and NYSTPBA!

Oh Lord. Jimmy, you are no more the “boss” of the SP (or any state worker) than I am. They work for the State of NY. Do you own any GE stock? Go ask for Jeff Immelt’s personnel file and let me know how that turns out for you.

Why (other than blind partisanship) does anyone have reason to think there is a record of a non-arrest?

This is ridiculous. Senator Breslin is a dedicated public servant who won his re-election to represent SD-46. This type of witch-hunt is entirely unnecessary and doesn’t help move the dialogue forward.

Put the shoe on your own foot. Do you think that the newspaper should publish each and every traffic stop you were ever part of?

You’re looking at it the wrong way Elmer. You’re just as much the boss of the SP as I am. They do work for the State of NY, and WE ARE the State of NY. Stop throwing your hands in the air and start demanding more of the people who derive their power from our consent. Do you have the same “whaddaya gonna do?” attitude about getting backdoored on these upper level SP pay raises? We can’t be enablers anymore; that’s how how pandering lawyers like Silver and Breslin have driven NYS into the ground and still managed to maintain power, and in Breslin’s case, get promoted. They’ve managed to turn this formerly mild mannered centrist into a right wing nut! Raise your standards!

No, I am not looking at it the wrong way. Your view is both wrong and harmful to civic discussion.

We live in a representative democracy. That means your ability to “run things” stops at the voting booth. Deluding yourself into thinking any state worker works for you only leads to frustration, as you pretend to have control over things you don’t.